MOST IMPORTANT : 1) Tomorrow's Managing Committee meeting (2) Re-elect a new Secretary for the society

November 28, 2017

The Chairman/ Secretary,

Saket CHS Ltd,

Thane West.

CC: The Dy. Registrar of Cooperative Societies,

Thane City

- with a request to depute your officer to elect a new Secretary for our Society.

CC: The Cooperation Commissioner,

Pune.

- for information

Dear Sirs,

1) I have received the notice for tomorrow's Managing Committee meeting along with the agenda and I have to submit as under:

a) I am disgusted and appalled to see that the agenda is almost a cut paste of past months.

b) You have neither included nor informed me that why have you not included the important subjects - eg Parking - suggested by me in my letter to you earlier this month,  in the meeting.

c)  I am equally appalled that when more important issues like Parking, the action taken on the Auditor's Special Report and the Audit Rectification Report, Illegal Alterations to flats, need to be addressed, you have not included them in the agenda.

d) For your information, the Secretary is supposed to consult his colleagues while formulating the agenda, so relevant and urgent issues can be discussed in the meeting and solutions found.

In meeting after meeting, you have failed to do so.

e) In the AGM, the entire Managing Committee had been subjected to ridicule by members on the issue of the Office bearers spending a whopping Rs. 46 lakhs without sanction and approval last year.

f) Still, this month, again a program - Children's Party was conducted without approval of the MC. I expected at least that subject will be in the agenda to take post sanction, but sadly, that also is not there. 

So much, you are taking things for granted and such continued behaviour is giving all other members of the MC a bad name.

2) In the AGM, your Poster boy, Respected Shri Pradeep Gupta ji, revealed a shocking thing - that the person who was elected as Secretary, along with another member of the MC, were " defaulter" when the election was taken in April 2017. He also mentioned that the said person paid the dues only in June 2017, after Mr. Pradeep Gupta pointed out that thing to him, when he was finalizing the last year's accounts.

b) It means that the then Secretary had hidden this information from members at that time.

c) Byelaw no. 118, elaborated below, clearly states that no officer of the society shall be elected to the Committee if he is a defaulter.

Byelaw no. 120 clearly states that a member of the committee shall ' cease' to be a member of the Committee if he has incurred any disqualification as mentioned in Byelaw no. 118.

d) It is shocking that there has been a gross violation done by the then Secretary and the current incumbent office bearers, in connivance with each other.

e) Now that it was pointed out in the AGM, people expected that the Secretary would resign on his own. He has not and hence I am pointing out that as per Byelaw no. 120, the current incumbent Secretary and that MC member, who were ' defaulter' as on April 1, 2017, have automatically ceased to be members of the Managing Committee.

f) In view of the above, I am seperately requesting the Registrar to elect a new Secretary for our Society - till then, the Chairman shall depute the Jt. Secretary to look after the day to day work.

Regards,

Dayanand Nene

Member, Saket Managing Committee.

Annexure:

Management of Society Affairs:

117. No Officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer: (a) in any contract made with the society.
(b) in any property sold or purchased by the society.
(c) in any other transaction of the society, except as investment made in or loan taken from the society for provision of residential accommodation by the society to any paid employee of the society. 

118. No person shall be eligible for being elected as a member of the Committee or co-opted on it, if: (I) He has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction; 
(ii) he defaults the payment of dues to the society, within three months from the date of service of notice in writing, served either by hand delivery or by post (under certificate of posting), demanding the payment of dues; 
(iii) he has been held responsible under Section 79 or 88 of the MCS Act, 1960, or has been held responsible for the payment of the costs of enquiry under Section 85 of the MCS Act,1960; 
(iv) he has without the previous permission of the society, in writing, sublet his flat or part thereof or given it on leave and licence or caretaker basis or has parted with its possession in any other manner or has sold his shares and interest in the Society; 
(v) in case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member. 
(vi) he is declared as ineligible as per the provision of the Maharashtra co-operative societies Act. 1960 and Rules, 1961. 

120. (1) A person shall cease to be the member of the committee, if :
(a) he has incurred any of the disqualifications mentioned under the bye-law no. 118 or;
(b) he has failed to attend any three consecutive monthly meetings of the committee, without leave of absence.

(2) If a member of the Committee attracts any of the disqualifications under the bye-law no.120(1), the Committee shall record the fact in the minutes of its meeting and the Secretary of the Society shall inform the member and Registrar accordingly. Such member shall cease to be the member of Managing Committee on the order of the Registrar. 

121. No member of the committee shall be present at the consideration of any matter, in which he is directly or indirectly interested.